An
individual is guilty of making a terrorist
threat if he or she threatens to commit any
crime of violence with the purpose to
terrorize another or in reckless disregard
of the risk of causing such terror - or - if
he or she threatens to commit a crime of
violence with the purpose to cause
evacuation of a building, place of assembly
or facility of public transportation or
otherwise to cause serious public
inconvenience or in reckless disregard of
the risk of causing such evacuation or
inconvenience.

It is
not necessary that the victim was terrorized
(or that there was actually an evacuation
of a building, place of assembly or facility
of public transportation).

Under the Criminal
Code, it is an offence to knowingly utter or
convey a threat to cause death or bodily
harm to any person. It is also an offence to
threaten to burn, destroy or damage property
or threaten to kill, poison or injure an
animal or bird that belongs to a person.

Despite its
name, the crime of terrorist threats or
criminal threats does not necessarily
implicate terrorist organizations for their
inflammatory speech or their attempts at
political blackmail. Instead, the offense
has more to do with situations involving
domestic violence, hate crimes, bomb
threats, and school violence.

The question
presented as to when is a threat actually a
violation of the criminal law presents a
tension between an individualís free-speech
rights and the government's duty to protect
its citizens.

If you have
questions about you or a family member,
contact The Sheena Law Firm today, to
discuss your case.